PROTECTION OF GRAVES – Amends existing law to prohibit certain acts regarding graves and to provide exemptions.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
856
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
PROTECTION
OF
GRAVES;
AMENDING
SECTION
27
-
502,
IDAHO
CODE,
TO
2
REVISE
PROVISIONS
REGARDING
PROHIBITED
ACTS,
TO
PROHIBIT
CERTAIN
ACTS,
3
TO
PROVIDE
EXEMPTIONS,
TO
PROVIDE
A
PENALTY,
TO
PROVIDE
FOR
SEIZURE
OF
4
EVIDENCE
AND
REMAINS,
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
5
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
27
-
502,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
27
-
502.
PROHIBITED
ACTS.
(1)
Except
as
provided
in
section
27
-
503,
10
Idaho
Code,
no
person
shall
wilfully
willfully
remove,
mutilate,
deface,
1
1
injure
or
destroy
any
cairn
or
grave.
Persons
disturbing
graves
through
in
-
12
advertence,
including
by
construction,
mining,
or
logging,
shall
cause
the
13
human
remains
to
be
reinterred.
The
expense
for
such
reinterment
shall
be
at
14
least
partially
borne
by
the
state
historical
society
with
the
exception
of
15
acts
prohibited
by
subsection
(2)
of
this
section
that
are
not
exempted
by
16
subsection
(3)
of
this
section
.
17
(2)
No
person
or
entity
shall:
18
(a)
Possess
,
sell,
purchase,
or
lease
any
artifacts
or
any
human
re
-
19
mains
taken
from
a
cairn,
grave,
or
burial
site
or
human
remains
taken
20
from
a
cairn
or
grave
on
or
after
January
1,
1984,
in
a
manner
other
than
21
that
authorized
under
section
27
-
503,
Idaho
Code
.
,
or
subsection
(3)
of
22
this
section;
23
(b)
Publicly
display
or
exhibit
any
human
remains
.
;
or
24
(c)
Sell
any
human
artifacts
or
human
remains
taken
from
a
cairn
or
25
grave.
26
(c)
Sell
or
advertise
the
sale
of
any
material
advertised
as
real
human
27
remains.
28
(3)
The
provisions
of
this
section
do
shall
not
apply
to:
29
(a)
The
possession
or
sale
of
artifacts
discovered
in
or
taken
from
lo
-
30
cations
other
than
cairns
or
graves
or
artifacts
that
were
removed
from
31
cairns
or
graves
by
other
than
human
action;
or
32
(b)
(a)
Actions
taken
in
the
performance
of
official
law
enforcement
33
duties.
,
county
coroner,
or
any
other
governmental
duties
and
actions
34
taken
in
accordance
with
the
instructions
of
government
officials;
35
(b)
Actions
taken
in
the
care
of
a
decedent
in
compliance
with
Idaho
law
36
by
a
licensed
medical
practice
or
care
center,
mortuary,
cemetery,
hu
-
37
man
remains
transportation
service,
first
responder
service,
or
medi
-
38
cal
transportation
service;
39
(c)
Actions
taken
by
state
-
licensed
medical
centers,
medical
research
40
facilities,
or
other
research
centers
in
good
standing
with
the
state
41

2
of
Idaho
and
federally
registered
as
a
tax
-
exempt
organization
with
the
1
internal
revenue
service;
2
(d)
Actions
taken
by
public
museums
or
regionally
accredited
certifi
-
3
cate
-
granting
or
degree
-
granting
postsecondary
education
institutions
4
registered
in
good
standing
with
the
state
of
Idaho
and
federally
regis
-
5
tered
as
a
tax
-
exempt
organization
with
the
internal
revenue
service;
6
(e)
Actions
taken
by
an
entity
to
facilitate
transportation
of
human
7
remains
to
or
from
such
museums
or
regionally
accredited
certifi
-
8
cate
-
granting
or
degree
-
granting
postsecondary
education
institutions
9
in
accordance
with
contractual
obligations
to
such
museum
or
educa
-
10
tional
entity;
1
1
(f)
Any
work
in
compliance
with
the
revised
uniform
anatomical
gifts
12
act,
chapter
34,
title
39,
Idaho
Code,
or
the
national
organ
transplant
13
act,
42
U.S.C.
274e(c)(2);
14
(g)
Any
possession
of
a
decedent
by
a
loved
one
or
good
Samaritan
await
-
15
ing
response
by
those
described
in
paragraphs
(a),
(b),
and
(c)
of
this
16
subsection;
17
(h)
Any
action
deemed
exempt
by
the
Idaho
attorney
general;
18
(i)
Any
action
or
human
remains
specimen
as
provided
in
section
27
-
503,
19
Idaho
Code,
or
the
federal
native
American
graves
protection
and
repa
-
20
triation
act;
21
(j)
Any
action
taken
in
accordance
with
or
by
the
representative
hold
-
22
ing
right
of
disposition
of
cremated
human
remains;
23
(k)
Possession
of
cremains,
as
defined
in
section
54
-
1102,
Idaho
Code;
24
(l)
Possession
of
protected
religious
relics
as
provided
in
section
25
73
-
402,
Idaho
Code;
and
26
(m)
Actions
taken
by
persons
to
turn
in
human
remains,
in
good
faith,
to
27
law
enforcement
or
the
county
coroner.
28
(4)
A
violation
of
the
provisions
of
this
section
shall
be
a
felony
pun
-
29
ishable
as
provided
in
section
18
-
112,
Idaho
Code.
30
(5)
Seizure
of
evidence
of
a
violation:
31
(a)
Evidence
of
a
violation
of
the
provisions
of
this
section
shall
be
32
subject
to
seizure
by
persons
authorized
to
enforce
the
provisions
of
33
this
section
and
subject
to
forensic
and
DNA
testing.
34
(b)
Evidence
seized
pursuant
to
paragraph
(a)
of
this
subsection
shall
35
be
subject
to
forfeiture
upon
the
order
of
a
court
if
the
court
deter
-
36
mines
by
a
preponderance
of
the
evidence
that
the
evidence
was
used
in,
37
or
constitutes
the
fruit
of,
a
violation
of
this
section.
38
(c)
Human
remains
forfeited
pursuant
to
paragraph
(b)
of
this
subsec
-
39
tion
shall
be
sent
to
the
county
coroner
at
the
conclusion
of
all
pro
-
40
ceedings
related
to
the
violation
of
the
provisions
of
this
section.
41
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
42
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
43
July
1,
2026.
44